United States District Court, S.D. California
WILLIAM Q. HAYES United States District Judge
matter before the Court is the motion for discovery and
disclosures filed by the Defendant. (ECF No. 300).
October 4, 2016, the Court of Appeals for the Ninth Circuit
vacated this court's order denying Defendant's motion
to suppress evidence obtained from wiretaps and remanded
“on an open record to determine what evidence was
lawfully obtained in ‘plain hearing.'”
United States v. Carey, 836 F.3d 1092, 1094 (9th
Cir. 2016). The Court of Appeals stated:
[B]ecause the order did not authorize agents to listen to
Carey or his associates, the government may only use evidence
obtained in accordance with the “plain hearing”
doctrine discussed above.
The record does not indicate what evidence was obtained
before the agents knew or should have known that they were
listening to calls outside of the Escamilla conspiracy.
Id. at 1098. On remand, the court will hold a
further hearing to determine whether the FBI agents knew or
reasonably should have known that it was intercepting a
conspiracy outside of the Escamilla conspiracy on T-14 during
the period March 10, 2010 to March 17, 2010. Defendant is
entitled to “reasonable discovery relating to this 
purpose.” United States v. Soto-Zuniga, 837
F.3d 992, 1002 (9th Cir. 2016).
February 6, 2017, Defendant filed a motion requesting 30
specific disclosures and discovery requests. (ECF No. 300-1
at 28-52). The Government does not oppose the following
requests: 1, 2, 3, 4, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 19,
21, 23, 25, and 26. (ECF No. 304 at 2-3). These requests are
granted. The Court further orders as follows:
Request 5: Cross agency communications This request is
granted as to any communications during the period March 10,
2010 to March 17, 2010 not protected by Rule 16(a)(2) or not
otherwise subject to a claim of privilege by the Government.
The Government shall provide a privilege log for any
documents not turned over based upon a claim of privilege.
Request 10: Cooperator Information regarding the Carey
conspiracy Carey requests any materials concerning persons
who provided information about the Carey conspiracy, and
specifically, debriefs with confidential informants
interviewed on June 11, 2009, November 20, 2009, December 17,
2009 and information obtained from interviews from unindicted
co-conspirators. The Government has previously disclosed
“all reports documenting CI info re Carey.” (ECF
No. 288 at 10). The Government contends that this request
should be denied on the grounds that the hearing on remand is
limited to the FBI's knowledge during the wiretap on
Court finds that Defendant has failed to identify any
connection between any further disclosure of confidential
informant information and the issues presented in the remand.
This request is denied with leave to renew upon further
showing of good cause.
Request 11: Communications between prosecutors and
agents Carey requests any materials detailing communications
between the prosecutors and agents concerning the Carey
conspiracy. The Government contends that this request is
overbroad and not limited to communications relevant to the
question on remand.
request is granted as to any communications during the period
March 10, 2010 to March 17, 2010 not protected by Rule
16(a)(2) or not otherwise subject to a claim of privilege by
the Government. The Government shall provide to the court
under seal any documents not turned over based upon a claim
Request 18: All discovery concerning the Escamilla
conspiracy Defendant requests “all recorded
conversations, electronic, mechanical, stenographic, or
otherwise, of any defendant or any other person, whether or
not acting on behalf of any Government, which is relevant to
the subject matter charged in the complaint in this case. . .
[Defendant] requests all reports or investigative material of
the Escamilla conspiracy in order to
‘contradict' the contents of Agent Melzer's
Declaration.” The Government does not oppose the
disclosure of reports of the Escamilla investigation during
the period March 10, 2010 to March 17, 2010.
request is granted as to all reports pertaining to Ignacio
Escamilla-Estrada, all communications and surveillance, all
surveillance activities of Ignacio Escamilla-Estrada during
the period March 10, 2010 to March 17, 2010, and all
information concerning how the agents knew that Ignacio
Escamilla-Estrada was no longer using T-14. This request ...